Publications

In Re Scopac ... 2 Years Later

December 6, 2010
Law 360

The U.S. Court of Appeals for the Fifth Circuit, on Oct. 19, 2010, corrected a bankruptcy court’s calculation of a secured lender group’s super-priority administrative claim more than two years after consummation of the debtor’s Chapter 11 reorganization plan. Bank of New York Trust Co. v. Pacific Lumber Co. (In re SCOPAC), __ F.3d__, 2010 WL 4069525, at *2-3, *5-6 (5th Cir. Oct. 19, 2010) (Jones, Ch.J.) (Pacific Lumber II); see also In re Pacific Lumber Co., 584 F.3d 229, 242 (5th Cir. 2009) (Pacific Lumber I) (plan “substantially consummated within weeks of confirmation”).